Terms and
Conditions
This is the emonal.com Agreement. Please read the
following very carefully. By purchasing the services
offered at emonal.com, and/or by using this site,
its products, corporate solutions and services you
hereby agree to the following TERMS AND CONDITIONS
and all associated policies. If you do not agree to
the terms and conditions, you must stop using this
site, as these are legally binding and will affect
your right regarding information and articles you
post. This agreement may change from time to time
and you can find the latest version in this page.
By using the services available from the domain and
sub-domains of www.emonal.com (the "site" or "web
site"), you are agreeing to the following terms,
including the general principles of websites of our
subsidiaries. This Web Site is provided to you under
these "Terms and conditions" and any amendments or
supplements to them that may be posted by emonal.com,
(hereafter, maybe referred just as "emonal.com" or
"company") from time to time (collectively referred
to as this "Agreement"). Your use of this Web Site
and the services provided, shall be deemed to
constitute your consent to be bound by the terms and
conditions of the Agreement and shall be enforceable
in the same way as if you had signed the Agreement.
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee
relationship is intended or created by this
Agreement.
Compliance With Laws
You agree to comply with all applicable local,
national and international laws regarding your use
of the Web Site, including, without limitation, laws
regarding import/export of technical data by virtue
of your online transmission. Without exception,
under all circumstances, emonal.com cannot be held
responsible for your non-compliance to any of the
applicable laws.
Disclaimer
emonal.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
YOU OR YOUR BUSINESS MAY SUFFER. emonal.com MAKES NO
WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR
SERVICES WE PROVIDE. emonal.com DISCLAIMS ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS, NON-DELIVERIES, WRONG
DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS
CAUSED BY emonal.com AND ITS EMPLOYEES. emonal.com
RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY
TIME.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT
TO ANYONE ELSE. HOWEVER, emonal.com MAY ASSIGN THE
MEMBER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME
WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER.
emonal.com RESERVES RIGHT TO CANCEL MEMBERS RIGHTS
UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER
OBLIGATION.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT emonal.com
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF emonal.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO
USE, THIS WEB SITE; (2) THE USE OF, OR THE INABILITY
TO USE, ITEMS PURCHASED ON THIS WEB SITE; (3) THE
COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS,
OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB
SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB
SITE.
Regardless of the previous paragraphs in this
section, if we are found to be liable, our liability
to you or to any third party is limited to the
greater of (a) the total fees you paid to us in the
3 months prior to the action giving rise to the
liability, and (b) $100.
Indemnification
You agree to indemnify and hold harmless emonal.com,
its directors, officers, employees, agents,
co-branders, subsidiaries, parents, and affiliates,
from and against any and all liability, losses,
claims, demands, disputes, damages, and costs of any
kind, including, without limitation, reasonable
attorneys' fees and costs of litigation resulting
from or in any way connected with your use of the
Web Site; Content you submit, post, or transmit
through the Web Site; your breach of the Agreement;
and your connection to the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation
upon completing the specific Service's registration
process. You are responsible for maintaining the
confidentiality of the password and account, and are
fully responsible for all activities that occur
under your password or account. You agree to (a)
immediately notify emonal.com of any unauthorized
use of your password or account or any other breach
of security, and (b) ensure that you exit from your
account at the end of each session. emonal.com
cannot and will not be liable for any loss or damage
arising from your failure to comply with this
Section.
USER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately transmitted,
are the sole responsibility of the person from which
such Content originated. This means that you, and
not emonal.com, are entirely responsible for all
Content that you upload, post, email, transmit or
otherwise make available via this site. emonal.com
does not control the Content posted in this site
and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand
that by using this site, you may be exposed to
Content that is offensive, indecent or
objectionable. Under no circumstances will
emonal.com be liable in any way for any Content,
including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise
made available in this site.
You agree to NOT to:
1. upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but
not limited to, a emonal.com official, forum leader,
guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or
entity;
4. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
5. upload, post, email, transmit or otherwise make
available any Content that you do not have a right
to make available under any law or under contractual
or fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);
6. upload, post, email, transmit or otherwise make
available any Content that infringes any patent,
trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose
(please read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make
available any material that contains software
viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware
or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a
manner that negatively affects other users' ability
to engage in real time exchanges;
10. interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
11. intentionally or unintentionally violate any
applicable local, state, national or international
law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other
securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having
the force of law;
12. provide material support or resources (or to
conceal or disguise the nature, location, source, or
ownership of material support or resources) to any
organization(s) designated by the United States
government as a foreign terrorist organization
pursuant to section 219 of the Immigration and
Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other
users.
15. use the Site if you are not able to form legally
binding contracts, are under the age of 18
16. circumvent or manipulate our payment structure,
the billing process, or in certain cases fees owed
to emonal.com
You acknowledge that emonal.com may or may not
pre-screen Content, but that emonal.com and its
designees shall have the right (but not the
obligation) in their sole discretion to pre-screen,
refuse, or move any Content that is available in
this site. Without limiting the foregoing,
emonal.com and its designees shall have the right to
remove any Content that violates the Terms of Use or
is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such
Content.
You acknowledge, consent and agree that emonal.com
may access, preserve, and disclose your account
information and Content if required to do so by law
or in a good faith belief that such access
preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the
Terms of Use; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect
the rights, property, or personal safety of
emonal.com, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content,
may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical
requirements of connecting networks or devices
Payments and Fees
You acknowledge and agree that all the Fees paid for
any services offered, are NON-REFUNDABLE.
Proprietary rights and Trademarks
You acknowledge and agree that the contents and
materials available on the emonal.com site and the
software used in connection with emonal.com contain
proprietary and confidential information that is
protected by applicable intellectual property and
other laws. Unless expressly authorized by
emonal.com, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works
based on the emonal.com site's contents, materials
or the software, in whole or in part. Except as
expressly provided in this Agreement, you are NOT
granted any rights or license to any intellectual
property with respect to the emonal.com site or its
contents. emonal.com reserves all rights and the
name "emonal.com" and its respective logos, may be
emonal.com trademarks. You are not allowed to use or
display any of these unless you have our prior
express written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that emonal.com may, in its sole
discretion, and at any time, modify, discontinue, or
suspend its operation of this Web Site, or any part
thereof, temporarily or permanently, without notice
to you, and you agree that emonal.com will not be
liable for the consequences of doing so. You also
agree that emonal.com may, in its sole discretion,
and at any time, completely terminate your use of
the Web Site, and may remove or delete any or all of
your Content within the Web Site, without prior
notice to you for any reason that emonal.com, in its
sole discretion, deems appropriate. You further
agree that emonal.com will not be liable to you or
to any third party for the consequences of any
termination of your use of or access to the Website.
You agree that using this service does not
guarantee any improvement in individual trading
performance. Your performance may be limited by
various factors including, but not limited to,
market conditions, volatility, trade timing,
financial research, available data, trader behavior
and geopolitical situations.
As these terms and conditions may change from
time to time, you should check back periodically, in
order to stay informed.
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